Railways have been lobbying against more stringent safety regulations

Linda Gyulai, The Gazette07.11.2013

A Sûreté du Québec police officer stands in front of a train car carrying crude oil next to smouldering remains of buildings in the town of Lac-Mégantic, 100 kilometres east of Sherbrooke on Sunday, July 7, 2013. A train carrying crude oil derailed and exploded in the heart of the small town on Saturday.

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While the railway industry says it’s too soon to draw conclusions about the adequacy of safety regulations for the transportation of dangerous goods in the wake of the train disaster in Lac-Mégantic, federal lobbying records show that railway industry representatives recently began a campaign to convince Canadian government officials in private meetings that more stringent safety regulations aren’t necessary.

The Railway Association of Canada, which represents about 50 freight and passenger companies in the country, and the Canadian Pacific Railway have lobbied in the past year against additional regulation on freight rail in separate meetings with federal officials, including with a policy adviser to Transport Minister Denis Lebel, the lobbying disclosure records of the company and the industry association show.

The railway association and the CPR are registered as federal government lobbyists to discuss a host of policy and regulatory matters with government officials.

Representatives of the railway association had 21 meetings with about 30 civil servants and members of Parliament in the past year, the group’s lobbying record shows.

Lobbyists at the federal level are required to register and disclose to the office of Canada’s lobbying commissioner their communication with government bureaucrats, politicians and their staff, including the officials’ names and titles, the dates of meetings and the objectives and topics discussed. The information is available to the public on the lobbying commissioner’s website.

The railway association’s record shows a new topic was added to its lobbying activities at the beginning of 2013: “To inform about the movement of dangerous goods, including voluntary and regulatory requirements, volumes, customers and safety measures to assure them that current regulations for dangerous goods transportation are sufficient.”

The association has had three meetings with officials so far this year, and the matter was listed among a host of topics discussed at all three meetings, the association reported in its record of communication. Other topics included various tax laws, activities to mark the Sir John A. Macdonald bicentennial program in 2015, the association’s call for the installation of voice and video recorders in locomotive cabs and a discussion of Bill C-52, new federal legislation requiring railway companies to enter into contracts with shippers when requested.

The association had two meetings in February, one with MPs and the other with civil servants from Natural Resources Canada. The third meeting, on May 21, was with Aaron Hynes, a policy adviser to Lebel on surface transportation.

For its part, the CPR reveals in its lobbying record that it met with Hynes and another policy adviser, Nathan Cato, on April 17.

Among the topics listed for the meeting: “Participating in the review of Rail Service in Canada by Transport Canada with regard to ... Transport Canada’s review of freight rail service in Canada. Advocating for no additional regulation.”

The CPR disclosed the same topic of discussion at 22 meetings with more than 30 bureaucrats and MPs over the past year, the company’s lobbying record shows. Other topics included crossing regulations, infrastructure and rail car imports.

Mike Winterburn, who is director of communications for Lebel, said in a written response that public safety is the department’s top priority.

“We accept meeting requests from a broad range of stakeholders,” he wrote.

“Railway safety regulations exist to ensure the safety and protection of the public. If these regulations were not followed in anyway, we will not hesitate to take whatever course of action is available to us.”

A spokesperson for the department said she would be unable to answer questions about the meetings between civil servants and the railway industry lobby before Monday.

The lobbying records offer no other detail on what was discussed at the meetings.

Phone calls to two spokespeople for the railway association were not returned on Friday.

The association’s director of government relations, Dan Rogers, who was chief of staff to former federal Liberal cabinet minister Tony Valeri while he was transport minister in 2004 and later government house leader, could not be reached.

The association has said it will wait for the results of the investigation into the cause of the train disaster in Lac-Mégantic before concluding on the adequacy of safety regulations.

Association president and CEO Michael Bourque said the industry had sent specialists in dangerous goods to assist in the disaster zone and said his group is collaborating with federal authorities to establish the cause.

“The industry will wait for their results before reaching any conclusion, especially in regards to the adequacy of the existing regulatory environment designed to ensure safe railway operations,” Bourque said in the statement, which called the accident an “extremely atypical” event.

“We wish to reassure North American communities that railway operations are safe and our track record of handling regulated commodities is excellent. We are committed to learning from this accident and, if required, acting to prevent similar circumstances from occurring again.”

Bourque noted the railway association works with Transport Canada and union representatives to develop safety rules and standards.

CPR spokesperson Ed Greenberg said flatly the company will not answer questions about its lobbying activities.

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